Brenda Comer v Central Programs
Date: 8 11 2021 (Nov. 2016 accident date)
Venue: Harrison County
Summary: SIF appeals PTD claim. Commission affirms.
16-085212
SIF argues prior hip (non-occupational) medical condition did not qualify under 287.220.3 and asserts a hip was not an opposite extremity for the primary back (400 week) injury and that any PTD was last accident alone based on lay opinion about symptoms (with no supporting expert opinion).
The Commission found expert opinion that the primary back condition caused right leg symptoms to be regarded as opposite extremity to the prior left leg/hip condition and uncontroverted medical opinion to show substantial aggravation to qualify under the statute:
"[Employee’s] preexisting leg pain has combined with the current radicular symptoms to create a more significant disability than either considered in isolation. Further, Ms. Comer testified that the limp she has had since the 1987 injury has gotten worse and more painful since November 1, 2016. Her back and left hip hurt in conjunction with each other, which is why Dr. Koprivica opined her back pain is worse than it would have been if she did not have left hip pain and an altered gait. The hip shattered in the 1987 injury is directly adjacent to the lumbar spine where the 2016 work injury occurred. Thus, this is not an unrelated accident location but one that actively aggravates the subsequent work injury in numerous ways." (emphasis added).
The ALJ denied future medical and noted claimant was unable to distinguish pain management needs attributable to the accident given her prior chronic pain.
Cast:
Asbridge, ALJ
Nordyke, atty
Levine, B atty
Cole, Candace, atty
Grace, Ashley, atty
Koprivica
Bailey
